Explanatory Statement
National Library of Australia Conservation Management Plan 2018 - 2023
Environment Protection and Biodiversity Conservation Act 1999
The National Library of Australia
The National Library of Australia is a major national institution and building located on the shore of Lake Burley Griffin in the Parliamentary Zone of central Canberra. The building has been entered in the Commonwealth Heritage List.
Overview of the 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 Library of Australia.
The management plan addresses all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 and is not inconsistent with the Commonwealth Heritage Management Principles.
Consultation
A draft version of this plan was made available for public consultation in the period 13 June to 10 July 2017. A notice was placed in The Australian newspaper inviting comments, and the Library’s website was also used for this purpose. A hardcopy was also made available from the Library information desk.
Comments were received from four organisations or individuals. In general, the comments recognised and were supportive of the heritage values of the Library, and also related to: views of the Library from surrounding areas; the landscape surrounding the building; moral rights; the condition of some fabric; and the wording of some policies, including those related to conservation, conflict resolution, additions, and supporting or secondary uses. Positive comments were also made supporting the draft plan or various aspects of it. In response, a number of refinements were made to produce the current plan.
This management plan was also considered by the Australian Heritage Council, and advice was provided by the Council to the delegate to the Minister. This management plan takes account of advice received by the delegate to the Minister.
Period of operation
The management plan is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commences on the day after it is registered on the Federal Register of Legislative Instruments.
In accordance with section 341X of the Environment Protection and Biodiversity Conservation Act 1999 a review must be carried out within five years of the management plan being made.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
National Library of Australia Conservation Management Plan 2018 - 2023
This 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 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 Library of Australia building, and does not engage any of the applicable rights or freedoms.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Overview
The National Library of Australia Conservation Management Plan 2018-2023 is a legislative instrument designed to comply with the requirements of the Environment Protection and Biodiversity Conservation Act 1999. Enacted by the Australian Parliament, this plan addresses the need for a structured approach to the preservation and management of the National Library of Australia, a significant Commonwealth Heritage site. The primary policy objective of the Act is to ensure that heritage places under Commonwealth ownership or control are adequately protected and managed through comprehensive planning. This legislation is instrumental in maintaining the integrity of the National Library of Australia, which is not only a vital national institution but also an architectural landmark situated in the Parliamentary Zone of Canberra. The management plan incorporates feedback from public consultation and aligns with the Commonwealth Heritage Management Principles, ensuring that the heritage values of the Library are recognised and preserved.
Scope and Application
The National Library of Australia Conservation Management Plan 2018 - 2023 applies specifically to the National Library of Australia, a Commonwealth Heritage place, located in the Parliamentary Zone of central Canberra. This legislation is required under Section 341S of the Environment Protection and Biodiversity Conservation Act 1999, which mandates that a written management plan must be developed for the protection and management of the values of any Commonwealth Heritage place that is owned or controlled by a Commonwealth agency. This Act does not extend to other entities or industries, but it does establish a framework for the management and conservation of the National Library of Australia. The geographic scope of this legislation is limited to the National Library of Australia in Canberra. While the legislation itself does not specify exclusions or thresholds, it is subject to the broader provisions of the Environment Protection and Biodiversity Conservation Act 1999 and the Environment Protection and Biodiversity Conservation Regulations 2000. The application of this Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which are consistent with the overarching objectives of the Environment Protection and Biodiversity Conservation Act 1999.
Key Provisions
The key operative sections of this legislation (sections 341S and 341X of the Environment Protection and Biodiversity Conservation Act 1999) require the Commonwealth agency responsible for the National Library of Australia, a Commonwealth Heritage place, to develop a written management plan to ensure the protection and management of its heritage values. The plan must address all matters prescribed by Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 and must not be inconsistent with the Commonwealth Heritage Management Principles. Additionally, section 341X mandates a review of the management plan within five years of its creation.
The Act imposes several obligations on the National Library of Australia and the relevant Commonwealth agency. They must ensure the creation and implementation of a conservation management plan that aligns with the prescribed regulations and heritage principles. Furthermore, the Act requires consultation with the public and relevant stakeholders, as evidenced by the public consultation process described in the explanatory statement. The management plan must also take into account any advice provided by the Australian Heritage Council and the delegate to the Minister.
The legislation does not explicitly outline specific offences, penalties, or civil or criminal consequences for breaches of the management plan or the Act itself. However, it is implied that non-compliance with the Act or the management plan could potentially lead to legal actions or enforcement measures under other relevant laws or regulations. Given the importance of heritage conservation, any failure to adhere to the prescribed management plan could result in actions to rectify the situation and ensure the protection of the National Library of Australia’s heritage values.