EXPLANATORY STATEMENT
(Issued under the authority of the Chair, Old Parliament House Board)
Environment Protection and Biodiversity Conservation Act 1999
Old Parliament House and Curtilage Heritage Management Plan 2021-26
Legislative Authority
Subsection 341S(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides that a Commonwealth agency must make a written plan to protect and manage the Commonwealth Heritage values of a Commonwealth Heritage place that it owns or controls. Subsection 341S(2) provides that the Commonwealth agency may, in writing, amend a plan or revoke and replace a plan.
A heritage management plan made under subsection 341(2) of the EPBC Act is a legislative instrument pursuant to subsection 341S(8) of the EPBC Act.
Purpose of Instrument
This Old Parliament House and Curtilage Heritage Management Plan 2021–2026 (2021 Heritage Management Plan) is made under subsection 341S(2) of the EPBC Act. The 2021 Heritage Management Plan provides for the future management of the place with the objective of identifying, protecting, conserving, presenting and transmitting the Commonwealth Heritage listed values of the place. The plan contains a detailed description of the history and cultural significance of Old Parliament House and Curtilage as well as its physical elements and condition. The plan sets out the operational requirements for the management of the place with policies to guide the management and protection of the Commonwealth Heritage values of the Old Parliament House and Curtilage.
As an updated version of the Old Parliament House and Curtilage Heritage Management Plan 2015-2020 (2015 Heritage Management Plan), the 2021 Heritage Management Plan will revoke and replace the Old Parliament House and Curtilage Heritage Management Plan 2015-2020 (2015 Heritage Management Plan).
The 2021 Heritage Management Plan meets the requirements under subsection 341S(4) of the EPBC Act. Specifically, it addresses all matters prescribed by regulation 10.03B and Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations). The 2021 Heritage Management Plan is consistent with the Commonwealth Heritage management principles set out in Schedule 7B of the EPBC Regulations.
Background
Old Parliament House was opened in 1927. It was designed by John Smith Murdoch, the first Commonwealth Government architect, as the first purpose-built home of Australia’s federal Parliament. It is one of the foundation government buildings from the early development of the national capital. Old Parliament House is a substantial building containing some 500 rooms; it houses formal parliamentary Chambers with associated executive offices, parliamentarians’ rooms and functional support spaces. Its complex overlay of National and Commonwealth heritage values are manifested in its fabric, collections, history and intangible associations.
On 20 June 2006 the Prime Minister of Australia, the Hon John Howard MP, announced the addition of Old Parliament House and Curtilage to Australia’s National Heritage List. The assessment of the heritage values demonstrated that Old Parliament House and Curtilage had met eight of the nine National Heritage List criteria. Old Parliament House and Curtilage was also included in the Commonwealth Heritage List in 2004 and is a significant feature of the Parliament House Vista which is also on the Commonwealth Heritage List.
Old Parliament House and Curtilage is a heritage site and the home of the Museum of Australian Democracy. The heritage values of the site and the museum’s strategic vision are expressed through an array of interpretation, exhibition, online, learning, research and commercial activities and events available to the public 364 days a year.
Consultation
Consistent with the requirements of subsections 341S(6) and 341X(3) of the EPBC Act and regulation 10.03C of the EPBC regulations, the 2021 Heritage Management Plan as a replacement plan is a result of a review, including a public consultation process. In accordance with subsection 341X(3) of the EPBC Act and regulation 10.03C of the EPBC Regulations, notices were published in the national press, the website for the Museum of Australian Democracy and the Australian Government gazette for public comment between Thursday 10 September to Wednesday 7 October 2020. Submissions could be sent to either the Museum of Australian Democracy or the Department of Agriculture, Water and the Environment.
No public submissions were received in response to this invitation. Comments were gathered from Old Parliament House staff. These comments informed the improvements in the replacement 2021 Heritage Management Plan. These changes allow for more effective implementation of the plan’s policies.
Subsection 341S(6) provides that before making, amending or revoking and replacing a plan under section 341S, the agency must seek and take into account the advice of the Minister for the Environment on the matters to be addressed by the proposed plan, amendment or replacement. The Minister must consult with the Australian Heritage Council when preparing advice for the purposes of subsection 341S(6).
The Minister consulted with the Australian Heritage Council when preparing advice on the replacement 2021 Heritage Management plan. The Minister provided written advice to the Museum of Australian Democracy which the rule-maker took into account when making the decision to revoke and replace the 2015 Heritage Management Plan with the 2021 Heritage Management Plan under subsection 341S(2).
Details and Operation
The 2021 Heritage Management Plan is a legislative instrument for the purposes of the Legislation Act 2003. The Plan commences on the day after it is registered on the Federal Register of Legislation.
In accordance with section 341X of the EPBC Act, a review must be carried out within five years of the Heritage Management Plan being made.
Based on the information provided, as this update contains no substantive change to the guidance provided in earlier plans, the Office of Best Practice Regulation (OBPR) assessed the impact as no more than minor. As such, a regulation impact statement is not required. The OBPR reference number is 43673.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Old Parliament House and Curtilage Heritage Management Plan 2021-26
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
The purpose of the Old Parliament House and Curtilage Heritage Management Plan 2021-2026 (2021 Heritage Management Plan) is to provide for the protection and management of Old Parliament House and Curtilage pursuant to section 341S of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The 2021 Heritage Management Plan contains a detailed description of the history and cultural significance of Old Parliament House and Curtilage as well as its physical elements and condition. The 2021 Heritage Management Plan sets out the operational requirements for the management of the place with policies to guide the management and protection of its Commonwealth Heritage values.
The 2021 Heritage Management Plan meets the requirements for management plans for Commonwealth Heritage places, pursuant to the EPBC Act and the Environment Protection and Biodiversity Conservation Regulation 2000.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
The Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Nick Minchin
Chair of Old Parliament House Board