Commonwealth of Australia

Environment Protection and Biodiversity Conservation Act 1999

Removing a place from the Commonwealth Heritage List

I, Greg Hunt, Minister for the Environment, have become aware that the place, Water Tower 129, included in the Commonwealth Heritage List (by instrument published in the Gazette identified below) is no longer in a Commonwealth area.

The details of the place are as follows:

Accordingly, I remove Water Tower 129 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 removal is attached.
 

Dated    15/04/2016

[signed]

Greg Hunt

Minister for the Environment

STATEMENT OF REASONS FOR THE REMOVAL OF WATER TOWER 129 FROM THE COMMONWEALTH HERITAGE LIST UNDER SECTION 341L(1)(a) OF THE ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

I, Greg Hunt, Minister for the Environment, provide the following statement of reasons for the removal of Water Tower 129 from the Commonwealth Heritage List under section 341L(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act).

LEGISLATION

1. Section 341L(1)(a) of the Act provides that the Minister must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after the Minister becomes aware that the place or part thereof is no longer in a Commonwealth area.

2.     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

3.     Water Tower 129 was included in the Commonwealth Heritage List by Gazette instrument (Gazette P5, 15/07/2004).

EVIDENCE AND MATERIAL BEFORE ME

4.     I considered advice from the Department of Defence (Defence) (provided to my Department on 28 August 2015), and from the Aviation Historical Society of the Northern Territory (Aviation Historical Society) (provided to my Department on 12 January 2016).

5.     Defence and the Aviation Historical Society confirmed that the place had been re-located from its original location on RAAF Base, Darwin to a new location on the Aviation Heritage Centre (Darwin Aviation Museum).

6.     I was also advised that Defence had transferred all ownership and control of Water Tower 129 to the Aviation Heritage Centre (Darwin Aviation Museum), and furthermore that the tower was now on Northern Territory Government Crown Land, over which the Aviation Historical Society has a Crown Lease Perpetual.

FINDINGS ON MATERIAL QUESTIONS OF FACT

7.     I noted that the Water Tower 129 was included in the Commonwealth Heritage List in 2004 by instrument published in the Gazette referred above.

8.     I noted that at the time of Water Tower 129's inclusion in the Commonwealth Heritage List it was located at the Commonwealth area located off Gandarra Circuit, on RAAF Base, Darwin. This area was entirely Commonwealth owned and controlled by the relevant Commonwealth department. I am satisfied that Water Tower 129 was in a Commonwealth area at the time of its inclusion in the Commonwealth Heritage List.
 

9.     I noted the advice of 12 January 2016 that Water Tower 129 had since been relocated to the Australian Aviation Heritage Centre. The land on which the tower now sits is Northern Territory Government Crown Land, over which the Aviation Historical Society has a Crown Lease Perpetual. Accordingly, I am satisfied that Water Tower 129 is no longer in a Commonwealth area.

10. I noted that under section 341L(1)(a) of the Act I must remove all or part of a place from the Commonwealth Heritage List as soon as practicable after becoming aware that it is no longer in a Commonwealth area. Accordingly, I remove Water Tower 129 from the Commonwealth Heritage List as it is no longer in a Commonwealth area.

Reason for Decision

11.       Water Tower 129 is no longer in a Commonwealth area. Pursuant to section 341L(1)(a) of the Act, I remove Water Tower 129 from the Commonwealth Heritage List.

[signed]

...........................................................

MINISTER FOR THE ENVIRONMENT