EXPLANATORY STATEMENT
National Film and Sound Archive Heritage Management Plan 2021
Environment Protection and Biodiversity Conservation Act 1999
Issued by the National Film and Sound Archive of Australia
This Explanatory Statement relates to the National Film and Sound Archive of Australia, McCoy Circuit, Acton, ACT – Heritage Management Plan 2021 (the Instrument).
Background
The Commonwealth Heritage place, known as the Institute of Anatomy (former) the National Film and Sound Archive of Australia (NFSA) owns is located on McCoy Circuit, Acton ACT 2601 and consists of a main building, surrounds and the former residence of the director of the Australian Institute of Anatomy. The Commonwealth Heritage place has been such a place since its inclusion on the Commonwealth Heritage List in 2004.
Legislative Authority
Subsection 341S(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) requires a Commonwealth agency like the NFSA to make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place it owns or controls within the period mentioned in the agency’s heritage strategy. The plan is a legislative instrument (see s 341S(8)).
Period of Operation
The National Film and Sound Archive Heritage Management Plan 2021 (the Heritage Management Plan) commenced on the day after the Plan was registered on the Federal Register of Legislation.
In accordance with section 341X of the Act, a review must be carried out within five years of the Heritage Management Plan being made.
Overview of the Heritage Management Plan
The objective of the Instrument is to provide a framework to assist the NFSA to continue to protect, conserve and manage the identified Commonwealth Heritage values of the Institute of Anatomy (former).
The Heritage Management Plan contains a detailed description of the history and cultural significance of the Institute of Anatomy (former) as well as its physical elements and condition. The Heritage Management Plan sets out the operational requirements for the management of the place with policies to guide the future management and protection of its Commonwealth Heritage values.
The Heritage Management Plan meets the requirements under section 341S (4) of the Act. Specifically, it addresses all matters all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 (the Regulations) and is not inconsistent with the Commonwealth Heritage management principles.
Consultation
In accordance with the consultation requirements specified in section 341S (6) (b) of the Act and 10.03(c) of the Regulations, public comment was sought in June and July 2019 on the draft Heritage Management Plan via a notice on the NFSA website and direct approaches to local heritage and architecture organisations. The NFSA received no submissions in response to the draft Heritage Management Plan.
The Heritage Management Plan was considered by the Australian Heritage Council in March 2021, and advice was provided by that Council to the delegate to the Minister for Agriculture, Water and the Environment (the Minister). The delegate to the Minister has confirmed that the Heritage Management Plan addresses the matters prescribed by the Act and the Regulations.
Documents
National Film and Sound Archive Heritage Management Plan 2021 (https://www.nfsa.gov.au/collection/curated/nfsa-heritage-management-plan-2021-2026)
Regulatory Impact
The Office of Best Practice Regulation has advised that the proposal is unlikely to have a more than minor regulatory impact. Therefore, the preparation of a Regulation Impact Statement is not required for the proposal.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Film and Sound Archive Heritage Management Plan 2021
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
Section 341S of the Environment Protection and Biodiversity Conservation Act 1999 requires that the Commonwealth agency that owns or controls a Commonwealth Heritage place must make a written management plan to provide for the protection and management of the values of the Commonwealth Heritage place. This management plan provides such a framework for the National Film and Sound Archive of Australia, listed as the Institute of Anatomy (former), at McCoy Circuit, Acton, Australian Capital Territory, and does not engage any of the applicable rights or freedoms.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Approved by the National Film and Sound Archive of Australia
14 September 2021