Environment Protection and Biodiversity Conservation Act 1999
INCLUSION OF ADDITIONAL VALUES AND THE EXPANSION OF BOUNDARIES TO THE COMMONWEALTH HERITAGE LIST
FOR THE
VILLAWOOD IMMIGRATION CENTRE
I, Sussan Ley, Minister for the Environment, having considered in relation to the Villawood Immigration Centre, a place listed on the Commowealth Heritage List (Place ID:105543):
(a) the Australian Heritage Council's assessment of the place under section 341JG of the Environment Protection and Biodiversity Conservation Act 1999 (Act) that meets the threshold for two additional Commonwealth Heritage values described in the Schedule of this instrument (criteria (b) and (c) under section 10.03A of the Environment Protection and Biodiversity Conservation Regulations 2000) and the Council’s advice that the boundary should be expanded;
(b) the comments given to the Council under sections 341JF and 341JG of the Act; and
being satisfied that the place described in the Schedule has the additional Commonwealth Heritage values and expanded boundaries specified in the Schedule, pursuant to section 341JI(1) of the Act, include the specified Commonwealth Heritage values and the expansion of boundaries to Villawood Immigration Centre (Place ID:105543) .
This instrument will take effect immediately after the commencement of the Environment Protection and Biodiversity Conservation (Villawood Immigration Centre—Removal of Commonwealth Heritage Value) Instrument 2022.
Dated 30th March 2022
Sussan Ley
Minister for the Environment
SCHEDULE
NEW SOUTH WALES
NAME: Villawood Immigration Centre
DESCRIPTION OF PLACE:
The nominated area is located in the suburb of Villawood approximately 27km west of the City of Sydney. The area is approximately 17 hectares in size and comprises the whole of land parcel 102/DP 1041971. See attached map.
| Criterion | Values |
| | |
(b) (c) | 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. 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. | Villawood remains the only migrant hostel site in New South Wales, with fabric that demonstrates the development of Australia's migration accommodation program from the post war to the present day. Natural heritage There is a remnant stand of Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest in the south-east area of the place. This ecological community is listed under the EPBC Act as critically endangered. The remnant stand also supports two flora species of regional conservation significance and has the potential to support. Acacia pubescens, which is listed under the EPBC Act as vulnerable, including seeds that may remain in the soil. The large remnant, hollow-bearing trees located throughout the site are also valued for their provision of potential habitat for native fauna, including threatened fauna species. Attributes Features which express these values include the remnant stand of Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest including its immediate and nearby soil profile, all large trees with hollows and all of the remaining former migrant hostel-built features.
There is a remnant stand of Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest in the south-east of the place. This ecological community is listed under the EPBC Act as critically endangered. The remnant stand also supports two flora species of regional conservation significance and has the potential to support Acacia pubescens, which is listed under the EPBC Act as vulnerable. As a rare remnant of this ecological community, it has potential to yield information about this area's pre-settlement vegetation and past wider ecological patterns now remnant or extinct in the wider Cumberland Plain area. Features which express these values include the remnant stand of Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest. |
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation was introduced to address the problem of environmental degradation and the need for comprehensive environmental protection mechanisms in Australia. The Act aims to protect and manage the natural, cultural, and heritage values of Australia by providing a framework for the conservation of biodiversity and the protection of heritage places. The Minister for the Environment, Sussan Ley, has used the powers under section 341JI(1) of the EPBC Act to include additional Commonwealth Heritage values and expand the boundaries of the Villawood Immigration Centre on the Commonwealth Heritage List, following an assessment by the Australian Heritage Council. This action was taken to recognise the significant heritage and natural values of the site, including its rare ecological community and historical significance in Australia's migration history. The policy objective is to ensure that the heritage and environmental values of the Villawood Immigration Centre are adequately protected and recognised under the EPBC Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and activities across Australia, providing a comprehensive framework for protecting the nation's environmental heritage. This particular legislative instrument focuses on the Villawood Immigration Centre, a site listed on the Commonwealth Heritage List. The Act aims to preserve and enhance the natural and cultural heritage of Australia, including the recognition and protection of significant Commonwealth heritage places. The Villawood Immigration Centre, being the only migrant hostel site in New South Wales with fabric that demonstrates the development of Australia's migration accommodation program, has been assessed under section 341JG of the Act, which identifies the place as meeting the criteria for two additional Commonwealth Heritage values. These values pertain to the place's significant heritage due to its uncommon, rare, or endangered aspects of Australia's natural or cultural history and its potential to yield information that contributes to an understanding of Australia’s heritage. Additionally, the boundaries of the place have been expanded to better encapsulate its significant attributes, including a remnant stand of Cumberland Plain Shale Woodlands and Shale-Gravel Transition Forest, which is listed as critically endangered under the EPBC Act. This legislative instrument ensures that the Villawood Immigration Centre is recognised for its unique heritage values and that these values are preserved for future generations.
Key Provisions
The main operative sections of this legislation are found in section 341JI(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Act), which allows the Minister for the Environment to include additional Commonwealth Heritage values and expanded boundaries to a place listed on the Commonwealth Heritage List. In this case, the Villawood Immigration Centre (Place ID:105543) has been identified as meeting the threshold for two additional Commonwealth Heritage values (criteria (b) and (c) under section 10.03A of the Environment Protection and Biodiversity Conservation Regulations 2000) and the Australian Heritage Council has advised that the boundary should be expanded. The Minister has included these additional values and expanded boundaries in the Schedule of this instrument, and this will take effect immediately after the commencement of the Environment Protection and Biodiversity Conservation (Villawood Immigration Centre—Removal of Commonwealth Heritage Value) Instrument 2022.
The Act imposes obligations and requirements on the parties or entities it governs, such as ensuring that any actions taken within the boundaries of the Villawood Immigration Centre do not harm the significant heritage values of the place. This includes taking into account the additional Commonwealth Heritage values and expanded boundaries when considering any proposals for development or changes to the site. The Minister for the Environment is responsible for monitoring compliance with these obligations and requirements and taking appropriate action if necessary.
Failure to comply with the obligations and requirements of the Act may result in offences, penalties, or civil/criminal consequences. The maximum penalties for offences under the Act can vary depending on the specific offence and the circumstances of the case. For example, the maximum penalty for an offence against a prohibition or a requirement in a heritage protection matter is 500 penalty units or imprisonment for five years, or both. The Minister for the Environment has the authority to take enforcement action against any person or entity that breaches the provisions of the Act, including taking legal action in the Federal Court of Australia.