Australian Heritage Council Regulations 2003 2003 No. 353
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 353
Issued by the authority of the Minister for Environment and Heritage
Australian Heritage Council Act 2003
Australian Heritage Council Regulations 2003
Section 25 of the Australian Heritage Council Act 2003 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 21(1) of the Act provides that the Australian Heritage Council (the Council) must keep a register of places and their heritage values, to be called the Register of the National Estate (the Register).
Sections 22 and 23 of the Act specify the persons that the Council must consult or inform when including places in, or removing places from, the Register. Subsection 21(2) of the Act provides that the regulations may specify additional persons the Council must consult or inform about the listing of places in the Register and the content, form of keeping, and inspection, publication and copying requirements for the Register.
The purpose of the Regulations is to prescribe additional specified persons the Council must consult or inform about the or actual inclusion or removal of places or parts of places in the Register; and to specify the content, method of keeping and publication requirements for the Register.
The Regulations provide that the appropriate authority of the State or Territory government and the local government (if any) be informed and given reasonable time to comment on a proposal to include in, or remove from, the Register a place or part of a place. The same bodies are be required to be informed of Council's decision to include in, or remove from, the Register a place or part of a place.
The Regulations also specify that the Register:
• must contain a description of each place entered and the date on which the entry is made;
• may be kept electronically; and
• must be published on the internet with provision made for information about the location of the place not to be disclosed by internet publishing, where such public disclosure could result in the place being damaged.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The Act received Royal Assent on 23 September 2003. Those parts of the Act which did not commence on Royal Assent will commence on 1 January 2004.
Section 4 of the Acts Interpretation Act 1901 provides for the exercise of statutory powers between passing and commencement of the Act. Therefore, even though the provisions of the Act which the Regulations would give effect to have not yet commenced, the proposed Regulations may be made as long as they are not expressed to commenced prior to the commencement of the enabling legislation.
The Regulations commence on 1 January 2004.
Overview
The Australian Heritage Council Regulations 2003, enacted under the Australian Heritage Council Act 2003, were introduced to address the need for a structured and consultative process for the management of the Register of the National Estate. This Act, which received Royal Assent on 23 September 2003 and commenced on 1 January 2004, aims to provide comprehensive guidelines on the listing and delisting of places of national significance. The Regulations, which also commenced on 1 January 2004, were created to further detail the requirements for consultation with relevant state and local authorities when proposing changes to the Register. They also specify the necessary content and format for the Register, including the provision of descriptions for listed places and the stipulation that the Register must be published online, with safeguards to prevent the disclosure of sensitive location information that could lead to damage of the heritage site.
Scope and Application
The Australian Heritage Council Regulations 2003 apply to the Australian Heritage Council and its functions as outlined in the Australian Heritage Council Act 2003. These regulations prescribe matters such as the persons the Council must consult or inform when including or removing places in the Register of the National Estate, as well as the content, form, and publication requirements for the Register. The Act applies to all places of heritage significance within the Commonwealth of Australia, regardless of their location. The Regulations mandate that the appropriate authority of the State or Territory government and the local government (if any) be informed and given reasonable time to comment on proposals to include or remove places from the Register, and must also be informed of the Council's decisions regarding such inclusions or removals. Furthermore, the Register must contain a description of each place entered along with the date of entry, and may be maintained electronically, with provisions made for the Register to be published on the internet, barring the disclosure of sensitive location information that could potentially result in damage to the place. These Regulations provide a framework for the administration of the Register of the National Estate and ensure that relevant stakeholders are appropriately consulted and informed.
Key Provisions
The Australian Heritage Council Regulations 2003 outline several key provisions under the Australian Heritage Council Act 2003. Section 21(2) of the Act allows for regulations to specify additional persons the Australian Heritage Council must consult or inform about the listing of places in the Register of the National Estate. The Regulations require that the appropriate State or Territory government authority and local government, if any, be informed and given reasonable time to comment on proposals to include or remove places from the Register (Regulation 3). Additionally, these authorities must be informed of the Council's final decision regarding the inclusion or removal of places from the Register (Regulation 4).
Under these Regulations, the Australian Heritage Council is mandated to consult and inform the relevant State or Territory government authority and local government about any proposals to alter the Register. This includes providing these authorities with sufficient time to comment on the proposal. Furthermore, once a decision has been made by the Council, these authorities must be notified of the outcome. The Regulations also specify the content of the Register, stipulating that it must include a description of each place entered and the date of entry (Regulation 5). The Register can be maintained electronically, and it must be published on the internet, with measures in place to prevent the disclosure of sensitive location information that could lead to damage of the place (Regulation 6).
The Regulations do not specify any conditions that need to be met before the power to make these Regulations is exercised, as per Section 25 of the Act. However, the Regulations will come into effect on 1 January 2004, aligning with the commencement date of the enabling legislation, as per Section 4 of the Acts Interpretation Act 1901. This allows for the proposed Regulations to be made even though the provisions of the Act they give effect to have not yet commenced.
Breaches of the Regulations could lead to civil or administrative consequences, although specific offences and penalties are not detailed within the explanatory statement. The Act itself does not provide specific details about penalties for non-compliance with the Regulations, implying that any enforcement actions would be guided by the broader legislative framework or subsequent amendments.