Notice of making the Old Parliament House and Curtilage Heritage Management Plan 2021–2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") was introduced by the Commonwealth Parliament to address the need for a comprehensive framework to protect and manage the environment and biodiversity, including heritage places of national significance. The Act aims to provide a coordinated approach to the assessment and approval of actions that may have significant impacts on the environment and biodiversity. In accordance with the Act, the Old Parliament House Board has notified the revocation of the Old Parliament House and Curtilage Heritage Management Plan 2015-2020, to be replaced with the Old Parliament House and Curtilage Heritage Management Plan 2021-2026. The policy objective of this action is to continue to protect and manage the Commonwealth Heritage values of the Old Parliament House and Curtilage as a Commonwealth Heritage place. The updated management plan can be accessed via the provided websites.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide array of entities, including individuals, corporations, and government bodies, with a particular focus on actions that may impact matters of national environmental significance. In this instance, the Act is applied to the management and protection of the Commonwealth Heritage values of Old Parliament House and its curtilage. Geographically, the Act operates on a Commonwealth level, meaning it has jurisdiction across the entirety of Australia and its territories. The Act's provisions extend to any action that may affect listed threatened species and ecological communities, World Heritage properties, and places of national environmental, cultural, or heritage significance, including the Old Parliament House and Curtilage. Exclusions and exemptions can be prescribed under the Act, although specific details are not provided in the notice itself. The Act also allows for the creation of subordinate instruments that can extend or restrict its application, although the current notice does not elaborate on such instruments. The Old Parliament House and Curtilage Heritage Management Plan 2021-2026, replacing the previous plan, continues the legislative commitment to the preservation and management of this significant heritage site.

Key Provisions

The key provisions of this notice, under paragraph 341S(3)(c) of the Environment Protection and Biodiversity Conservation Act 1999, involve the revocation of the existing Old Parliament House and Curtilage Heritage Management Plan 2015-2020 (section 341S(3)(c)). This revocation is to be replaced with a new management plan, the Old Parliament House and Curtilage Heritage Management Plan 2021-2026, which aims to continue the protection and management of the Commonwealth Heritage values of Old Parliament House and Curtilage. These plans are essential tools for ensuring the preservation of the heritage site for future generations. The new plan can be accessed on the websites of the Museum of Australian Democracy at Old Parliament House and the Australian Government’s legislation website. The Act imposes specific obligations on the Old Parliament House Board, requiring them to develop and implement a heritage management plan that addresses the protection and management of the Commonwealth Heritage values of the site. The Board must ensure that the new plan is publicly available and can be accessed via the specified websites, allowing stakeholders, the public, and interested parties to review the plan’s details and the strategies employed for heritage conservation. This transparency and accessibility are critical in maintaining public trust and engagement in heritage management practices. Breaches of the obligations set out in the Act may lead to various consequences. While specific offences and penalties are not detailed in the notice, the Act generally provides for both civil and criminal penalties for non-compliance with its provisions. Civil penalties may include fines, while criminal penalties can include imprisonment, depending on the severity of the breach. The maximum penalties for breaches are stipulated elsewhere in the Act, reflecting the seriousness with which the law treats the protection of Commonwealth Heritage sites. Ensuring compliance with the Act is, therefore, crucial to avoid these potential repercussions.