Environment Protection and Biodiversity Conservation Act 1999
INCLUSION OF A PLACE IN THE COMMONWEALTH HERITAGE LIST
MAJURA VALLEY NATURAL TEMPERATE GRASSLAND
I, Greg Hunt, Minister for the Environment, having considered in relation to the place described in the Schedule of this instrument:
(a) the Australian Heritage Council’s assessment whether the place meets any of the Commonwealth Heritage criteria; and
(b) the comments given to the Council under sections 341JF and 341JG of the Environment Protection and Biodiversity Conservation Act 1999; and
being satisfied that the place described in the Schedule has the Commonwealth Heritage values specified in the Schedule, pursuant to section 341JI of the Environment Protection and Biodiversity Conservation Act 1999, include the place and its Commonwealth Heritage values in the Commonwealth Heritage List.
Dated 14/12/ 2015
[signed]
Greg Hunt
Minister for the Environment
SCHEDULE
STATE / TERRITORY: AUSTRALIAN CAPITAL TERRITORY
Local Government:
Name: Majura Valley Natural Temperate Grassland
Location / Boundary:
Approximately 123ha, Majura Road, 6km east of the Canberra CBD, being an area bounded by a line commencing at the intersection of the western boundary of Land Parcel MAJURA/0/636 with MGA northing 6093928mN (approximate MGA point Zone 55 699602mE 6093928mN), then via the following MGA points consecutively: 700822mE 6093721mN, 700757mE 6093494mN, 700802mE 6093421mN, 701095mE 6093188mN, then southerly directly to the intersection of the southern boundary of Land Parcel MAJURA/0/636 with MGA easting 701136mE (approximate MGA point 701136mE 6092941mN), then generally westerly and generally northerly via the southern and western boundaries of Land Parcel MAJURA/0/636 to the commencement point.
The following area is excluded: The whole of Land Parcel MAJURA/0/637.
Criteria / Values
| Criterion | Values |
(b) | the place has significant heritage value because of the place’s possession of uncommon, rare or endangered aspects of Australia’s natural or cultural history | In south-eastern Australia, 99.5 per cent of the estimated pre-European Natural Temperate Grassland has been destroyed or grossly altered. Natural Temperate Grassland is listed as Endangered nationally and in the ACT and is considered the most threatened grassland in Australia. The place represents an important, high-quality expression of this community; it is highly diverse floristically and is one of the largest intact remnants known to exist in the region and the largest on Commonwealth land. The place provides important habitat for a number of rare and threatened grassland species: Golden Sun Moth (Synemon plana), Grassland Earless Dragon (Tympanocryptis pinguicolla), Striped Legless Lizard (Delma impar), Canberra Raspy Cricket (Cooraboorama canberrae), Perunga Grasshopper (Perunga orcacea) and Button Wrinklewort (Rutidosis leptorrhynchoides). |
(c) | the place has significant heritage value because of the place’s potential to yield information that will contribute to an understanding of Australia’s natural or cultural history | The place is important for research into the ecology of the Natural Temperate Grassland community and in particular the Grassland Earless Dragon, Golden Sun Moth and other species typical of native grasslands. |
|
(d) | the place has significant heritage value because of the place’s importance in demonstrating the principal characteristics of: (i) a class of Australia’s natural or cultural places; or (ii) a class of Australia’s natural or cultural environments; | The place is an ecologically functional and diverse area of Natural Temperate Grassland, representing the principal characteristics of the native grasslands of the ACT. The place provides important habitat for grassland dependent species and supports several significant populations of species typical of natural temperate grasslands. |
For more information on the place search the Australian Heritage Database at http://www.environment.gov.au/cgi-bin/ahdb/search.pl using the name of the place.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address environmental protection and biodiversity conservation issues in Australia. This Act provides a framework for the protection and management of matters of national environmental significance. The Majura Valley Natural Temperate Grassland was included in the Commonwealth Heritage List under this Act to recognise its significant natural heritage values. Pursuant to section 341JI of the Act, Greg Hunt, the Minister for the Environment, was satisfied that the place met the Commonwealth Heritage criteria after considering the assessment by the Australian Heritage Council and public comments. The inclusion of this site aims to protect and conserve one of the largest intact remnants of Natural Temperate Grassland in Australia, which is of critical importance due to its ecological diversity and the presence of several endangered species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the inclusion of a place in the Commonwealth Heritage List, as demonstrated by the recent addition of the Majura Valley Natural Temperate Grassland in the Australian Capital Territory. The Act allows for the identification and protection of places with significant heritage values that are deemed to be of national importance. This particular Act applies to the Minister for the Environment, in this instance Greg Hunt, who has the authority to include places in the Commonwealth Heritage List based on the Australian Heritage Council's assessment and public comments. The Majura Valley Natural Temperate Grassland was included in the list due to its significant heritage value as one of the largest intact remnants of Natural Temperate Grassland in the region, and its importance for research and conservation of rare and threatened species. The Act extends its application through subordinate instruments, allowing for further regulation and protection of listed sites.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the protection of the Australian environment, including the inclusion of places in the Commonwealth Heritage List. Under section 341JI of the Act, the Minister for the Environment may include a place in the Commonwealth Heritage List if satisfied that the place meets the specified Commonwealth Heritage criteria. In this case, the Majura Valley Natural Temperate Grassland has been included in the Commonwealth Heritage List, as it meets the criteria related to its significance in terms of natural or cultural history, its potential to yield information, and its importance in demonstrating the principal characteristics of Australia's natural environments.
The Act imposes obligations on the parties or entities governed by it to ensure compliance with the requirements for the protection of the environment, including the heritage values of places listed in the Commonwealth Heritage List. For the Majura Valley Natural Temperate Grassland, this includes ensuring that any activities within the area do not harm its ecological integrity or the species that depend on it. The Act also requires the Minister to consider any comments provided under sections 341JF and 341JG of the Act, which relate to the assessment of the place's heritage values and the potential impacts of actions on those values.
Breaches of the Act, including failure to comply with the obligations to protect the heritage values of listed places, can result in both civil and criminal consequences. Under section 536 of the Act, a person who engages in an action that contravenes a provision of the Act may be subject to a civil penalty. In the case of the Majura Valley Natural Temperate Grassland, this could include actions that damage the ecological integrity of the area or harm the species that depend on it. The maximum penalty for a civil penalty under section 536 of the Act is $66,600 for an individual and $333,000 for a body corporate. Additionally, under section 537 of the Act, a person who engages in an action that causes harm to the environment, including the heritage values of a listed place, may be subject to criminal penalties, including fines of up to $7.5 million and/or imprisonment for up to 10 years.
In summary, the Environment Protection and Biodiversity Conservation Act 1999 provides for the protection of the Australian environment, including the inclusion of places in the Commonwealth Heritage List. The Majura Valley Natural Temperate Grassland has been included in the list due to its significance in terms of natural or cultural history, its potential to yield information, and its importance in demonstrating the principal characteristics of Australia's natural environments. The Act imposes obligations on the parties or entities governed by it to ensure compliance with the requirements for the protection of the environment, including the heritage values of listed places. Breaches of the Act can result in both civil and criminal consequences, including fines and imprisonment.