Environment Protection and Biodiversity Conservation Act 1999
INCLUSION IN THE NATIONAL HERITAGE LIST
OF
CENTENNIAL PARK
I, Melissa Price, Minister for the Environment, having considered in relation to the place and the National Heritage values described in the Schedule of this instrument:
(a) the Australian Heritage Council's assessment whether the place meets any of the National Heritage criteria; and
(b) the comments given to the Council under sections 324JG and 324JH of the Environment Protection and Biodiversity Conservation Act 1999; and
being satisfied that the place described in the Schedule has the National Heritage values specified in the Schedule, pursuant to section 324JJ of the Environment Protection and Biodiversity Conservation Act 1999, include the place and the specified National Heritage values in the National Heritage List.
Dated 28/9/2018
Melissa Price
Minister for the Environment
SCHEDULE
NEW SOUTH WALES
Sydney
NAME: Centennial Park
BOUNDARY:
Approximately 189ha, between Oxford Street and Alison Road, Centennial Park, being the area comprising the whole of New South Wales Land Parcel Lot 1723 DP45644.
| Criterion | Values |
| | |
(a) | The place has outstanding heritage value to the nation because of the place's importance in the course, or pattern, of Australia's natural or cultural history. | Centennial Park has outstanding heritage value to the nation as the site of the official ceremony that inaugurated the Commonwealth of Australia, on 1 January 1901. This event held at Centennial Park was a defining moment in Australia’s progress to a unified Commonwealth – the six colonies of South Australia, Western Australia, New South Wales, Victoria, Tasmania and Queensland were united as the Commonwealth of Australia. At the inauguration ceremony, Queen Victoria’s Royal Proclamation and Letters Patent were read. The Royal Proclamation established that the Commonwealth of Australia and the Australian Constitution took effect from this day, 1 January 1901. The Letters Patent established the Office of Governor-General and Lord Hopetoun’s Commission. Lord Hopetoun was sworn in as the first Governor-General of Australia after taking and signing three oaths, the Oath of Allegiance, the Official Oath and the Judicial Oath. The Federal Executive Councillors were then sworn in, each taking and signing two oaths, the Oath of Allegiance and the Executive Councillor’s Oath. Edmund Barton was sworn-in as the nation's first Prime Minister, along with the first federal cabinet. These actions marked the creation of a new democracy. From this moment, on 1 January 1901, the Commonwealth of Australia became a self-governing nation. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish the National Heritage List. The Act was introduced to address the need for a unified framework to protect Australia's natural and cultural heritage sites, ensuring they are preserved for future generations. The Act empowers the Minister for the Environment to include places in the National Heritage List based on their outstanding heritage value to the nation. The Centennial Park, located in New South Wales, was included in the National Heritage List on 28 September 2018, by the Minister for the Environment, Melissa Price. The inclusion recognises Centennial Park's historical significance as the site of the official ceremony that inaugurated the Commonwealth of Australia on 1 January 1901. This decision was made pursuant to section 324JJ of the Act, following an assessment by the Australian Heritage Council and consideration of public comments. The policy objective is to safeguard sites of exceptional heritage value, ensuring their conservation and appreciation by the broader community.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, through the inclusion of Centennial Park in the National Heritage List, applies to the site located in New South Wales, bounded by Oxford Street and Alison Road, covering approximately 189 hectares. This Act, administered by the Minister for the Environment, encompasses the identification and protection of places that hold significant national heritage values. Centennial Park is recognised for its outstanding heritage value to the nation due to its role in the inauguration of the Commonwealth of Australia on 1 January 1901, marking the unification of the six colonies into a single nation under the Australian Constitution. The Act mandates the inclusion of this site in the National Heritage List based on the assessment by the Australian Heritage Council and public comments received, ensuring that the place's historical significance is preserved and recognised. The geographic reach of this legislation is limited to the Commonwealth of Australia, with specific application to this designated area in New South Wales. No specific exclusions, exemptions, or thresholds are mentioned in this particular legislative instrument, but the Act's application can be extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of the instrument, Gazette C2018G00765, pertain to the inclusion of Centennial Park in the National Heritage List under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Pursuant to section 324JJ, the Minister for the Environment, Melissa Price, has determined that Centennial Park, located in New South Wales, has outstanding heritage value to the nation due to its importance in Australia's natural or cultural history, specifically as the site of the official ceremony that inaugurated the Commonwealth of Australia on 1 January 1901. This decision was made after considering the Australian Heritage Council's assessment and public comments submitted under sections 324JG and 324JH of the EPBC Act.
The Act imposes several obligations and requirements on parties and entities affected by this inclusion. The primary obligation is the preservation and management of Centennial Park to maintain its National Heritage values. This includes ensuring that any activities within the park are carried out in a manner that does not diminish its heritage significance. Additionally, the Act mandates that any actions likely to have a significant impact on the park's heritage values must be assessed and approved under the EPBC Act. This ensures that developments and activities are in line with the objectives of protecting Australia's natural and cultural heritage.
Breach of the obligations and requirements outlined in the EPBC Act can lead to various consequences, both civil and criminal. Under section 487 of the Act, an offence is committed if a person engages in an action that constitutes a "controlled action" without the necessary approval, which can lead to substantial fines. The maximum penalty for contravening the Act can be up to AUD 1.1 million for a corporation and AUD 220,000 for an individual, as stipulated in section 531 of the Act. Furthermore, criminal penalties may apply for serious breaches, including potential imprisonment. The Act also provides for the imposition of civil penalties for non-compliance with conditions attached to approval, ensuring that the heritage values of Centennial Park are protected against any detrimental activities.