Old Parliament House and Curtilage Heritage Management Plan 2021–2026

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2021L01868 In force Legislative Instrument

Legislation content

 

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

Overview

The Old Parliament House and Curtilage Heritage Management Plan 2021-2026 was introduced under the authority of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The purpose of this legislative instrument is to provide a detailed description of the history, cultural significance, physical elements, and condition of Old Parliament House and Curtilage, alongside operational requirements for the management of the site. The plan aims to guide the protection and conservation of the Commonwealth Heritage values of Old Parliament House and Curtilage, which was added to the Commonwealth Heritage List in 2004 and the National Heritage List in 2006. The 2021 Heritage Management Plan replaces the previous plan from 2015 to 2020 and meets the requirements of the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The legislative instrument was developed through a review process that included public consultation, although no public submissions were received. The Office of Best Practice Regulation assessed the impact of the update as minor, and a regulation impact statement was not required. The plan is compatible with human rights as it does not engage any of the applicable rights or freedoms. The Old Parliament House Board, under the legislative authority provided by the EPBC Act, enacted the Old Parliament House and Curtilage Heritage Management Plan 2021-2026 to address the need for an updated management plan that would protect and manage the Commonwealth Heritage values of Old Parliament House and Curtilage. The policy objective of the plan is to ensure the continued preservation and presentation of the site's historical and cultural significance, thereby facilitating its role as a museum and educational resource for the public.

Scope and Application

The Old Parliament House and Curtilage Heritage Management Plan 2021-26 is a legislative instrument created under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), specifically pursuant to section 341S of the Act, which mandates the creation of a plan for the management of Commonwealth Heritage places owned or controlled by the Commonwealth. This plan applies to the Old Parliament House and Curtilage, ensuring the protection and management of its heritage values. The plan revokes and replaces the previous Old Parliament House and Curtilage Heritage Management Plan 2015-2020, aligning with the requirements set out in the EPBC Act and the Environment Protection and Biodiversity Conservation Regulations 2000. The legislative instrument addresses all matters prescribed by regulation 10.03B and Schedule 7A of the EPBC Regulations and adheres to the Commonwealth Heritage management principles outlined in Schedule 7B. The scope of the plan includes the detailed description of the site's history, cultural significance, physical elements, and condition, along with the operational requirements and policies for its management and protection. The plan is applicable nationally, as it pertains to a Commonwealth Heritage site located within Australia. The plan was developed following a public consultation process and advice from the Minister for the Environment and the Australian Heritage Council.

Key Provisions

The Old Parliament House and Curtilage Heritage Management Plan 2021–2026 (2021 Heritage Management Plan) is an essential document under subsection 341S(2) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This plan outlines the management and protection strategies for the Commonwealth Heritage values of Old Parliament House and Curtilage. It replaces the previous 2015 Heritage Management Plan and addresses all matters prescribed by regulation 10.03B and Schedule 7A of the Environment Protection and Biodiversity Conservation Regulations 2000 (EPBC Regulations). The plan is designed to identify, protect, conserve, present, and transmit the historical and cultural significance of Old Parliament House and Curtilage, ensuring its heritage values are preserved and communicated to the public. The Act imposes several obligations on the parties and entities involved in the management of Old Parliament House and Curtilage. Firstly, it mandates that a Commonwealth agency, in this case likely the Old Parliament House Board, must create a written plan detailing the protection and management of the heritage site. The plan must be developed in consultation with the Minister for the Environment and the Australian Heritage Council. Secondly, the Act requires that the plan be subject to a public consultation process, as evidenced by the notices published in the national press, the Museum of Australian Democracy's website, and the Australian Government Gazette. Thirdly, the Act requires that any amendments or replacement plans be reviewed within five years of their creation, ensuring that the management strategies remain effective and up-to-date. The Act does not explicitly outline specific offences, penalties, or consequences for breaches of the Heritage Management Plan. However, any failure to comply with the requirements of the EPBC Act or the EPBC Regulations could potentially lead to civil or criminal penalties. For instance, unauthorised actions that may harm the heritage site could result in fines or imprisonment under the broader provisions of the EPBC Act. The specific penalties would depend on the nature and severity of the breach, but they could include significant fines for both individuals and corporations, as well as potential imprisonment terms for serious offences. In summary, the 2021 Heritage Management Plan is a comprehensive document designed to safeguard the heritage values of Old Parliament House and Curtilage. It mandates specific obligations for the relevant Commonwealth agencies, including the requirement to consult with key stakeholders and conduct public consultations. While the plan itself does not detail specific penalties for non-compliance, breaches of the broader EPBC Act and Regulations could result in significant fines and imprisonment. This plan represents a critical step in the ongoing preservation and presentation of Australia’s significant historical and cultural heritage.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.