Environment Protection and Biodiversity Conservation Act 1999
REMOVAL OF PLACES NO LONGER IN A COMMONWEALTH AREA FROM THE COMMONWEALTH HERITAGE LIST 2019
I, Sussan Ley, Minister for the Environment, have become aware that the following places included in the Commonwealth Heritage List (by instrument published in the Gazette identified below) are no longer in a Commonwealth area.
Place | State/Territory | Date of determination | Gazette |
Murray Mallee – Calperum and Taylorville Station | SA | 22/06/2004 | Gazette P5, 15/07/2004 |
Metropolitan Fire Brigade Station (former) | VIC | 22/06/2004 | Gazette P5, 15/07/2004 |
Accordingly, I remove the places (described in Schedule 1) from the Commonwealth Heritage List in accordance with section 341L(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999.
A statement of reasons for the removals is attached.
Dated 28/11/2019
Sussan Ley
Minister for the Environment
Schedule 1
STATE / TERRITORY |
Local Government |
Name |
Location / Boundary South Australia Loxton – Waikerie District Murray Mallee – Calperum Station and Taylorville Station About 335,400ha, approximately 11km north of Renmark, comprising all of Calperum and Taylorville Stations. Victoria Melbourne – Glen Eira City Metropolitan Fire Brigade Station (former) 2-4 Selwyn Street, Elsternwick |
|
Schedule 2
STATEMENT OF REASON FOR THE REMOVAL OF PLACE FROM THE
COMMONWEALTH HERITAGE LIST UNDER SECTION 341L(1)(a) OF THE
ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999
- I, Sussan Ley, Minister for the Environment, provide this statement of reason for the removal of the following places from the Commonwealth Heritage List under section 341L(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act):
- Murray Mallee – Calperum and Taylorville Station
- Metropolitan Fire Brigade Station (former)
LEGISLATION
2. Section 341L(1)(a) of the Act provides that I must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after I become aware that the place or part thereof is no longer in a Commonwealth area.
3. Section 525 of the Act provides that a “Commonwealth area” includes land owned or leased by the Commonwealth or a Commonwealth agency, and land in a Commonwealth reserve. A place or part of a place can only be removed from the Commonwealth Heritage List by an instrument published in the Gazette which includes a statement of reasons for the removal (section 341L(4)).
BACKGROUND
4. The Murray Mallee – Calperum and Taylorville Station, was included in the Commonwealth Heritage List by Gazette Instrument in 2004. At the time of inclusion the place was Commonwealth owned by the Director of National Parks.
5. The Metropolitan Fire Brigade Station (former) was included in the Commonwealth Heritage List by Gazette Instrument in 2004. At the time of inclusion the place was Commonwealth owned by the Australian Broadcasting Corporation (ABC).
EVIDENCE AND MATERIAL BEFORE ME
6. I considered advice:
- from the Director of National Parks provided to my Department that National Parks advised that it had transferred ownership and control of Calperum and Taylorville Stations to Austland Services Pty Ltd, and no longer owned or controlled this place;
- from the Australian Broadcasting Corporation that advised the Metropolitan Fire Brigade Station (former) was sold by the Australian Broadcasting Corporation to Woolworths and that the Australian Broadcasting Corporation no longer owned or controlled the place.
FINDINGS ON MATERIAL QUESTIONS OF FACT
7. Noting the advice above, I find that the places listed in paragraph 1 are no longer owned or leased by the Commonwealth.
8. As these places are no longer within Commonwealth control they are not in a "Commonwealth area" as defined by the Act.
Reason for Decision
9. Accordingly, pursuant to section 341L(1)(a) of the Act, as I am aware that the places listed in paragraph 1 are no longer in a Commonwealth area, I remove these places from the Commonwealth Heritage List.
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Australian Parliament, aims to protect and manage the nation's environment and biodiversity. It was introduced to address the need for comprehensive environmental protection and to manage the impacts of developments and activities on the environment. The Act provides a framework for the protection of the environment, including the Commonwealth Heritage List, which identifies places of national significance. The 2019 notifiable instrument, F2022N00117, concerns the removal of places no longer in a Commonwealth area from the Commonwealth Heritage List. Minister for the Environment, Sussan Ley, removed two places from the list, the Murray Mallee – Calperum and Taylorville Station in South Australia, and the Metropolitan Fire Brigade Station (former) in Victoria, based on the evidence that these places were no longer under Commonwealth ownership or control. This removal was conducted in accordance with section 341L(1)(a) of the Act, which mandates the removal of places from the Commonwealth Heritage List when they are no longer in a Commonwealth area.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad spectrum of entities, including individuals, companies, government agencies, and public authorities, with respect to actions that may impact the environment, biodiversity, and heritage places. The Act has national jurisdiction and its provisions are applicable throughout Australia. In the case of the notifiable instrument, the Act's application is focused on the administrative process of managing the Commonwealth Heritage List, specifically removing places from this list when they no longer meet the criteria of being in a Commonwealth area. The geographic reach of this legislation is national, as it concerns heritage places across different states and territories. The exclusions in this context are inherent in the determination that the places in question are no longer within Commonwealth ownership or control, and thus, they are no longer considered part of a Commonwealth area under the Act. The application of the Act is further refined through subordinate instruments such as gazettes, which provide the formal mechanism for amending the Commonwealth Heritage List.
Key Provisions
Section 341L(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 mandates the removal of places that are no longer within a Commonwealth area from the Commonwealth Heritage List. The Minister for the Environment, in this case, Sussan Ley, has exercised this power based on the determination that the Murray Mallee – Calperum and Taylorville Station in South Australia and the Metropolitan Fire Brigade Station (former) in Victoria are no longer under Commonwealth ownership or control. This removal is effective as of 28 November 2019 and follows the publication in the Gazette of the decision, as required by section 341L(4) of the Act.
The Act imposes specific obligations on the Minister for the Environment to ensure that the Commonwealth Heritage List accurately reflects the current status of places within Commonwealth areas. This includes the duty to remove places that cease to meet the criteria of being within a Commonwealth area. The process involves gathering and verifying information about the ownership and control of these places, as demonstrated by the advice received from the Director of National Parks and the Australian Broadcasting Corporation. Once the Minister is satisfied that a place is no longer in a Commonwealth area, the formal removal process must be initiated and documented in the Gazette with a statement of reasons.
Failure to comply with the Act’s requirements, including the timely removal of places no longer in a Commonwealth area, could potentially lead to legal consequences. Although the specific penalties for non-compliance are not detailed in the provided text, breaches of the Act generally may result in civil or criminal penalties, depending on the nature and severity of the breach. The Act's provisions are designed to maintain the integrity of the Commonwealth Heritage List, and any failure to adhere to these requirements could therefore attract significant penalties as prescribed by the Act.